[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1707 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 1707

   To amend the Federal Food, Drug, and Cosmetic Act to provide for 
                   improved safety of imported foods.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 4, 1998

 Ms. Mikulski (for herself, Mr. Kennedy, Mr. Durbin, Mr. Bumpers, and 
   Mr. Byrd) introduced the following bill; which was read twice and 
         referred to the Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL


 
   To amend the Federal Food, Drug, and Cosmetic Act to provide for 
                   improved safety of imported foods.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safety of Imported Food Act of 
1998''.

SEC. 2. CRITERIA FOR DEEMING IMPORTED FOOD ADULTERATED.

    (a) Amendment to the Federal Food, Drug, and Cosmetic Act.--Section 
402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) is 
amended by adding at the end the following:
    ``(h) If it is a food offered for import into the United States 
that has not been prepared, packed, and held under a system or 
conditions, or subject to measures, that meet the requirements of this 
Act or that otherwise achieve the level of protection required, as 
determined by the Secretary, for such food prepared, packed, or held in 
the United States. In determining whether a system, conditions, or 
measures meet the requirements of this Act or otherwise achieve the 
level of protection required, the Secretary may consider whether an 
officer or employee duly designated by the Secretary has requested, and 
has been refused, access to the establishment or location where such 
food was prepared, packed, or held for the purpose of inspection 
(including sample collection), testing, or other relevant procedures, 
at a reasonable time and in a reasonable manner, and may deny the 
importation of such food from such establishment or location on the 
basis of such refusal and other relevant factors.''.
    (b) Implementation of Authority; Plan.--The Secretary of Health and 
Human Services shall develop a plan for the initial implementation of 
the authority under section 402(h) of the Federal Food, Drug, and 
Cosmetic Act, as added by subsection (a), and shall carry out the 
authority of such section consistent with such plan.
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